Video Helpful in Proving Liability in Slip & Fall Case

By Staff Writer

In order to obtain compensation for damages for a slip & fall or other personal injury, you first have to prove liability. Having video footage, especially if it’s from the store owner’s surveillance system makes proving this liability much easier.

This was the case of a shopper named Julie who went to a busy mall shortly before Christmas.

During her shopping, Julie was coming down an escalator where she slipped and fell coming off at the bottom. The floor was slippery, causing her to fall forward. Using her right hand to brace herself as she hit the ground, Julie felt pain in her right hand and was unable to get up. Witnesses alerted mall security and an incident report was filed…Julie declined to go to a hospital.

That night though, Julie started having extraordinary pain in her wrist and arm. Taken to the hospital by her husband, X-rays confirmed Julie had a broken arm and wrist and a broken pelvis. She was immediately scheduled for surgery where a plate was put in her wrist along with 5 pins to help the bones fuse together.

While the surgery was successful, Julie did require 5 months of physical therapy to regain full use of her arm.

Surveillance footage from the mall showed spilled soda at the base of the escalator for an entire 2 hours before Julie’s fall

Besides showing how long between the time the soda was spilled and the incident, which coincidentally was right next to a food court, the footage also showed no mall personnel either removing the hazard or warning shoppers. From a liability perspective, this showed the mall managers failed in their legal duty to inspect their premises.

The mall’s management company had insurance for such instances and offered Julie $5000 – an amount that would have only covered a fraction of her medical costs. After their initial offer, Julie decided to hire an attorney who specializes in slips and falls.

After a lengthy back and forth on settlement figures, it was almost certain the case would go to trial.  The judge however ordered all parties to try one last time and after 6 hours, they arrived at $75,000.

Therefore, if you’re in a slip & fall accident at a mall or elsewhere, you can request any surveillance footage to prove your case during settlement negotiations. If the defendant doesn’t provide it, you will have file a lawsuit and subpoena the footage as evidence.

If you’ve been in a slip & fall accident or sustained an injury due to negligence, you may be entitled to compensation. To discuss your case, contact Nashville slip & fall attorneys at the Gilreath & Associates today for a free consultation.

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